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Articles 31 - 47 of 47
Full-Text Articles in Fourteenth Amendment
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Michigan Journal of Race and Law
Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Michigan Journal of Race and Law
Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
Cardozo Journal of Equal Rights & Social Justice
The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.
United States V. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel
United States V. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel
Touro Law Review
No abstract provided.
It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar
It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar
Articles
Few rallying cries sound more straightforward than the "right to die"-but few are more fuzzy or more misunderstood. This becomes all too evident when comparing the right-to-die decision handed down by the U.S. Ninth Circuit Court of Appeals earlier this month and the New Jersey Supreme Court's decision in the Karen Ann Quinlan case twenty years ago. At different times, the "right to die" has embraced significantly different rights. On March 6, in Compassion in Dying v. Washington State, the Ninth Circuit held that because a Washington state statute prohibiting assisted suicide prevents physicians from providing assistance to competent, terminally …
Assessing The Efficacy Of School Desegregation, Michael Heise
Assessing The Efficacy Of School Desegregation, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley
Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley
Journal Articles
No abstract provided.
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
Articles
Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …
Physician Assisted Suicide: A Bad Idea, Yale Kamisar
Physician Assisted Suicide: A Bad Idea, Yale Kamisar
Articles
It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
Publications
No abstract provided.
Progress And Constitutionalism, Robert F. Nagel